Can Field Sobriety Tests Be Challenged in a Bakersfield DUI Case?

During a DUI investigation, an officer may ask a driver to perform a series of roadside exercises commonly known as field sobriety tests.

If the officer believes the driver performed poorly, those observations may become part of the evidence supporting a DUI arrest.

But field sobriety test performance is not automatically proof that someone was driving under the influence.

What are field sobriety tests?

Common roadside tests may include exercises involving balance, coordination, and the ability to follow instructions.

An officer may ask a driver to:

• Walk heel-to-toe along a line
• Stand on one leg
• Follow an object with the eyes
• Perform other coordination or divided-attention tasks

The officer observes the driver's performance and records what happened.

Many factors can affect performance

A person may have difficulty performing roadside exercises for reasons unrelated to alcohol or drugs.

Potential factors include:

• Uneven pavement
• Poor lighting
• Traffic or other distractions
• Fatigue
• Anxiety or nervousness
• Physical injuries
• Medical conditions
• Age
• Footwear

The conditions under which the tests were performed may therefore become important.

The officer's instructions matter

A driver cannot properly perform a test that was not clearly explained or demonstrated.

When reviewing field sobriety evidence, questions may include:

• What instructions did the officer give?
• Were the instructions clear?
• Did the driver understand them?
• Was the test demonstrated?
• Did the officer accurately describe the driver's performance afterward?

Body-worn camera or dashcam footage may help answer some of these questions.

Video can be especially important

A police report may describe a driver as swaying, losing balance, missing steps, or failing to follow instructions.

If video exists, an attorney may compare the officer's written description with what the recording actually shows.

Sometimes the video supports the officer's observations.

In other cases, it may provide additional context or show that the driver's performance was better than the report suggests.

Field sobriety tests are only part of a DUI case

Prosecutors may also rely on evidence such as:

• Driving behavior
• Statements made by the driver
• The smell of alcohol
• Breath-test results
• Blood-test results
• Officer observations

The strength of a DUI case depends on the evidence as a whole.

What you should do now

If field sobriety tests are being used against you in a Bakersfield DUI case:

1. Write down what you remember about each test.
2. Note the road, lighting, weather, and traffic conditions.
3. Tell your attorney about any injuries or medical conditions that affected your performance.
4. Preserve any relevant video or other evidence.
5. Speak with a DUI lawyer who can review the officer's report and available recordings.

Poor performance on a roadside test does not necessarily explain why the person had difficulty performing it.

Speak with a Bakersfield DUI lawyer today

If you are facing DUI charges in Bakersfield, Martens Law Firm can review the evidence, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm